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HTMLPêcheries Guy Laflamme Inc. v Capitaines propriétaires de la Gaspésie (A.C.P.G) Inc., 2015 FCA 78
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
Readers of previous editions are likely to be familiar with the facts in Pêcheries Guy Laflamme Inc. v Capitaines propriétaires de la Gaspésie (A.C.P.G) Inc., 2015 FCA 78. This case arose from an accident during the launch of a fishing boat where a mechanical problem had...

 

HTMLWorld-Class Tanker Safety System
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In April 2015, the Tanker Safety Expert Panel (the "Panel") released Phase II of their report, "A Review of Canada's Ship-source Spill Preparedness and Response: Setting the Course for the Future, Phase II — Requirements for the Arctic and for Hazardous and Noxious Substances...

 

HTMLChevron Corp. v Yaiguaje, 2015 SCC 42
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
The underlying dispute in this case was alleged environmental pollution in the Lago Agrio region of Ecuador, an oil-rich area that has a long history of oil exploration and extraction. For over 20 years, a group of indigenous Ecuadorian villagers (the "Plaintiffs") have been seeking legal...

 

HTMLWhat is the Meaning of.....
Pessin Katz Law P.A.;
Legal Alert/Article
January 8, 2016, previously published on December 9, 2015
In Rigby v Allstate Indemnity Company, (Maryland Court of Special Appeals, No. 0263, September 30, 2015, Krauser, C.J.) the intermediate appellate court (the “Court”) was called upon to decide a case of first impression in Maryland. The Court held that under the facts of the case a...

 

HTMLAquavita International S.A. v Pantelis (The), 2015 FC 180
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In this decision, the Federal Court interpreted its jurisdiction over maritime law to include redelivery of a vessel with excessive bunkers. The plaintiff Aquavita International S.A. ("Aquavita"), the sub-sub-time charterer of the defendant vessel, the M/V "Pantelis," alleged...

 

HTMLNairobi International Convention on the Removal of Wrecks
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In June 2015, Transport Canada released a discussion paper (the "2015 Discussion Paper") regarding the possible development of a regulatory regime to comprehensively address the hazards associated with shipwrecks, including the potential Canadian adoption of the Nairobi International...

 

HTMLFederal Moratorium on British Columbia Crude Oil Tanker Traffic
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
On November 13, 2015, Prime Minister Trudeau instructed the Minister of Transport, the Honourable Marc Garneau to "formalize a moratorium on crude oil tanker traffic on British Columbia's North Coast, working in collaboration with the Minister of Fisheries, Oceans and the Canadian Coast Guard,...

 

HTMLFingad Shipping Ltd. v Ningbo Arts & Crafts Imp & Exp. Co. Ltd., 2015 FC 851
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
The plaintiffs in this case had entered into a contract with the corporate defendants for the construction of the defendant vessel, the "Chemical Aquarius." There was a dispute between the parties and the plaintiffs cancelled the contract in 2010. In June 2012, the Chemical Aquarius was...

 

HTMLSnow Valley Marine Services Ltd. v Seaspan Commodore (Tug), 2015 FC 304
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
Causation can often be a contentious issue, particularly where multiple parties are involved in an incident causing loss. This decision stemmed from the sinking of an assist tug, the Warnoc, while it was providing assistance to the defendant vessel, the "Seaspan Survivor." The plaintiff...

 

HTMLEhler Marine & Industrial Service Co. v M/V Pacific Yellowfin (Ship), 2015 FC 324
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In this case, the Federal Court gave guidance on the enforceability of service quotes, as well as the liability of a repairer when a vessel sustains damage during launch operations.

 


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